State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25-1 > 46-25-1-1

SECTION 46-25.1-1

   § 46-25.1-1  Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the approval of the Narragansett Bay water quality managementdistrict commission, the Blackstone Valley district commission shall be mergedwith and into the Narragansett Bay water quality management districtcommission. Upon such merger, the Blackstone Valley district commission shallcease to exist; provided, however, that all actions shall be taken which arenecessary to preserve any federal funds or federal assistance currentlyavailable or expected to become available to the Blackstone Valley districtcommission and all actions shall be taken which are necessary to preserve anyavailable funds of the state currently available or expected to becomeavailable to the Blackstone Valley district commission for tort liability foracts occurring on or prior to the effective date of the merger. In addition,the resulting, surviving entity shall be eligible to receive the proceeds ofany bonds or notes issued pursuant to chapter 289 of the public laws of 1986,chapter 1837 of the public laws of 1947, as amended by chapter 2515 of thepublic laws of 1950, as amended by chapter 2966 of the public laws of 1952, asamended by chapter 267 of the public laws of 1966 and as amended by chapter 92of public laws of 1971, and/or chapter 434 of the public laws of 1990. Theexistence of the Narragansett Bay water quality management district commissionshall continue unaffected and unimpaired by said merger, and the NarragansettBay water quality management district shall continue to be governed by chapter25 of this title.

   (b) The Blackstone Valley district commission is herebyauthorized to and shall pass such resolutions, enter into such agreements anddo all things deemed useful and necessary by it to effectuate the merger; andthe Narragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger.

   (c) The merger shall be effective no later than December 31,1991; provided, however, that in its sole discretion the Narragansett Bay waterquality management district commission may extend the effective date of themerger up to and including June 30, 1992. Upon completion, the merger shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.

   (d) Upon the merger of the Blackstone Valley districtcommission and the Narragansett Bay water quality management districtcommission, the Narragansett Bay water quality management district commissionshall assume responsibility for the planning, construction, operation andmaintenance of combined sewer overflow facilities and appropriate facilitiesfor dealing with the sewage and industrial wastes originating in themunicipalities and industries located in the Blackstone and Moshassuck Valleysand discharged into the waters of the state.

   (e) On the date of the merger, all property, real, personaland mixed, and all debts due on whatever account, and all other choses inaction, including, but not limited to, any enterprise fund held by the statefor the benefit of the Blackstone Valley district commission, and all and everyother interest of or belonging to or due to the Blackstone Valley districtcommission, shall be taken and deemed to be transferred to and vested in theNarragansett Bay water quality management district commission without furtheract or deed; all persons employed by the Blackstone Valley district commissionon the date of the merger shall be deemed employees of the Narragansett Baywater quality management district commission; and the title to any real estate,or any interest therein, vested in the Blackstone Valley district commissionshall not revert or be in any way impaired by reason of the merger.

   (2) The Narragansett Bay water quality management districtcommission shall also be responsible and liable for all the liabilities andobligations of the Blackstone Valley district commission; and any claimexisting or action or proceeding pending by or against the Blackstone Valleydistrict commission may be prosecuted as if the merger had not taken place, orthe Narragansett Bay water quality management district commission may besubstituted in its place. Neither the rights of creditors nor any liens uponthe property of the Blackstone Valley district commission shall be impaired bythe merger. The merger as provided for herein shall not impair the obligationof any contract or agreement or alter existing bargaining units nor abate anysuit, action or other proceeding lawfully commenced by or against theBlackstone Valley district commission, or any of its commissioners in relationto the discharge of their official duties, but a court of competentjurisdiction may, on motion filed within twelve (12) months after the effectivedate of the merger, allow such a suit, action or proceeding to be maintained byor against the Narragansett Bay water quality management district commission orany of its commissioners in relation to the discharge of their official duties.

   (3) Upon completion of the merger, all user charges, fees orrates assessed by the Narragansett Bay water quality management districtcommission as a result of the merger shall be subject to the approval of thepublic utilities commission.

   (f) Upon completion of the merger, as certified to thesecretary of state by the executive director of the Narragansett Bay waterquality management district commission, chapter 21 of this title entitled,"Blackstone Valley sewer district" shall be repealed in its entirety.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25-1 > 46-25-1-1

SECTION 46-25.1-1

   § 46-25.1-1  Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the approval of the Narragansett Bay water quality managementdistrict commission, the Blackstone Valley district commission shall be mergedwith and into the Narragansett Bay water quality management districtcommission. Upon such merger, the Blackstone Valley district commission shallcease to exist; provided, however, that all actions shall be taken which arenecessary to preserve any federal funds or federal assistance currentlyavailable or expected to become available to the Blackstone Valley districtcommission and all actions shall be taken which are necessary to preserve anyavailable funds of the state currently available or expected to becomeavailable to the Blackstone Valley district commission for tort liability foracts occurring on or prior to the effective date of the merger. In addition,the resulting, surviving entity shall be eligible to receive the proceeds ofany bonds or notes issued pursuant to chapter 289 of the public laws of 1986,chapter 1837 of the public laws of 1947, as amended by chapter 2515 of thepublic laws of 1950, as amended by chapter 2966 of the public laws of 1952, asamended by chapter 267 of the public laws of 1966 and as amended by chapter 92of public laws of 1971, and/or chapter 434 of the public laws of 1990. Theexistence of the Narragansett Bay water quality management district commissionshall continue unaffected and unimpaired by said merger, and the NarragansettBay water quality management district shall continue to be governed by chapter25 of this title.

   (b) The Blackstone Valley district commission is herebyauthorized to and shall pass such resolutions, enter into such agreements anddo all things deemed useful and necessary by it to effectuate the merger; andthe Narragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger.

   (c) The merger shall be effective no later than December 31,1991; provided, however, that in its sole discretion the Narragansett Bay waterquality management district commission may extend the effective date of themerger up to and including June 30, 1992. Upon completion, the merger shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.

   (d) Upon the merger of the Blackstone Valley districtcommission and the Narragansett Bay water quality management districtcommission, the Narragansett Bay water quality management district commissionshall assume responsibility for the planning, construction, operation andmaintenance of combined sewer overflow facilities and appropriate facilitiesfor dealing with the sewage and industrial wastes originating in themunicipalities and industries located in the Blackstone and Moshassuck Valleysand discharged into the waters of the state.

   (e) On the date of the merger, all property, real, personaland mixed, and all debts due on whatever account, and all other choses inaction, including, but not limited to, any enterprise fund held by the statefor the benefit of the Blackstone Valley district commission, and all and everyother interest of or belonging to or due to the Blackstone Valley districtcommission, shall be taken and deemed to be transferred to and vested in theNarragansett Bay water quality management district commission without furtheract or deed; all persons employed by the Blackstone Valley district commissionon the date of the merger shall be deemed employees of the Narragansett Baywater quality management district commission; and the title to any real estate,or any interest therein, vested in the Blackstone Valley district commissionshall not revert or be in any way impaired by reason of the merger.

   (2) The Narragansett Bay water quality management districtcommission shall also be responsible and liable for all the liabilities andobligations of the Blackstone Valley district commission; and any claimexisting or action or proceeding pending by or against the Blackstone Valleydistrict commission may be prosecuted as if the merger had not taken place, orthe Narragansett Bay water quality management district commission may besubstituted in its place. Neither the rights of creditors nor any liens uponthe property of the Blackstone Valley district commission shall be impaired bythe merger. The merger as provided for herein shall not impair the obligationof any contract or agreement or alter existing bargaining units nor abate anysuit, action or other proceeding lawfully commenced by or against theBlackstone Valley district commission, or any of its commissioners in relationto the discharge of their official duties, but a court of competentjurisdiction may, on motion filed within twelve (12) months after the effectivedate of the merger, allow such a suit, action or proceeding to be maintained byor against the Narragansett Bay water quality management district commission orany of its commissioners in relation to the discharge of their official duties.

   (3) Upon completion of the merger, all user charges, fees orrates assessed by the Narragansett Bay water quality management districtcommission as a result of the merger shall be subject to the approval of thepublic utilities commission.

   (f) Upon completion of the merger, as certified to thesecretary of state by the executive director of the Narragansett Bay waterquality management district commission, chapter 21 of this title entitled,"Blackstone Valley sewer district" shall be repealed in its entirety.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25-1 > 46-25-1-1

SECTION 46-25.1-1

   § 46-25.1-1  Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the approval of the Narragansett Bay water quality managementdistrict commission, the Blackstone Valley district commission shall be mergedwith and into the Narragansett Bay water quality management districtcommission. Upon such merger, the Blackstone Valley district commission shallcease to exist; provided, however, that all actions shall be taken which arenecessary to preserve any federal funds or federal assistance currentlyavailable or expected to become available to the Blackstone Valley districtcommission and all actions shall be taken which are necessary to preserve anyavailable funds of the state currently available or expected to becomeavailable to the Blackstone Valley district commission for tort liability foracts occurring on or prior to the effective date of the merger. In addition,the resulting, surviving entity shall be eligible to receive the proceeds ofany bonds or notes issued pursuant to chapter 289 of the public laws of 1986,chapter 1837 of the public laws of 1947, as amended by chapter 2515 of thepublic laws of 1950, as amended by chapter 2966 of the public laws of 1952, asamended by chapter 267 of the public laws of 1966 and as amended by chapter 92of public laws of 1971, and/or chapter 434 of the public laws of 1990. Theexistence of the Narragansett Bay water quality management district commissionshall continue unaffected and unimpaired by said merger, and the NarragansettBay water quality management district shall continue to be governed by chapter25 of this title.

   (b) The Blackstone Valley district commission is herebyauthorized to and shall pass such resolutions, enter into such agreements anddo all things deemed useful and necessary by it to effectuate the merger; andthe Narragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger.

   (c) The merger shall be effective no later than December 31,1991; provided, however, that in its sole discretion the Narragansett Bay waterquality management district commission may extend the effective date of themerger up to and including June 30, 1992. Upon completion, the merger shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.

   (d) Upon the merger of the Blackstone Valley districtcommission and the Narragansett Bay water quality management districtcommission, the Narragansett Bay water quality management district commissionshall assume responsibility for the planning, construction, operation andmaintenance of combined sewer overflow facilities and appropriate facilitiesfor dealing with the sewage and industrial wastes originating in themunicipalities and industries located in the Blackstone and Moshassuck Valleysand discharged into the waters of the state.

   (e) On the date of the merger, all property, real, personaland mixed, and all debts due on whatever account, and all other choses inaction, including, but not limited to, any enterprise fund held by the statefor the benefit of the Blackstone Valley district commission, and all and everyother interest of or belonging to or due to the Blackstone Valley districtcommission, shall be taken and deemed to be transferred to and vested in theNarragansett Bay water quality management district commission without furtheract or deed; all persons employed by the Blackstone Valley district commissionon the date of the merger shall be deemed employees of the Narragansett Baywater quality management district commission; and the title to any real estate,or any interest therein, vested in the Blackstone Valley district commissionshall not revert or be in any way impaired by reason of the merger.

   (2) The Narragansett Bay water quality management districtcommission shall also be responsible and liable for all the liabilities andobligations of the Blackstone Valley district commission; and any claimexisting or action or proceeding pending by or against the Blackstone Valleydistrict commission may be prosecuted as if the merger had not taken place, orthe Narragansett Bay water quality management district commission may besubstituted in its place. Neither the rights of creditors nor any liens uponthe property of the Blackstone Valley district commission shall be impaired bythe merger. The merger as provided for herein shall not impair the obligationof any contract or agreement or alter existing bargaining units nor abate anysuit, action or other proceeding lawfully commenced by or against theBlackstone Valley district commission, or any of its commissioners in relationto the discharge of their official duties, but a court of competentjurisdiction may, on motion filed within twelve (12) months after the effectivedate of the merger, allow such a suit, action or proceeding to be maintained byor against the Narragansett Bay water quality management district commission orany of its commissioners in relation to the discharge of their official duties.

   (3) Upon completion of the merger, all user charges, fees orrates assessed by the Narragansett Bay water quality management districtcommission as a result of the merger shall be subject to the approval of thepublic utilities commission.

   (f) Upon completion of the merger, as certified to thesecretary of state by the executive director of the Narragansett Bay waterquality management district commission, chapter 21 of this title entitled,"Blackstone Valley sewer district" shall be repealed in its entirety.